8/6/2019 NAMFREL Election Monitor Vol.2 No.12 05282011

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National Citizens' Movementfor Free Elections

(NAMFREL)

Volume 2, No.12May 28, 2011

Comelec considering manual elections for ARMM

As there is no certainty yet whether the ARMM election would be held as scheduled in August, ComelecChairman Sixto Brillantes, Jr. said that they are now considering having a manual election for ARMM, if the finaldecision regarding its postponement comes not until June. Brillantes said the Comelec wants to automate theARMM elections but it would be “taking a very high risk” if it would proceed, given the uncertainty of whether ornot the elections would push through. “We do not want a very tight timeline because it may only lead to problemsor failure of the automation. We do not want to take that risk also,” Brillantes said.

Aside from the manual process, the Comelec is also considering implementing the "open election system"(OES). The manual process covers voting, counting, and canvassing, while in the OES, voting and counting aredone manually but transmission and canvassing of ballots will be automated.

Brillantes said the Comelec could only wait until the first week of June for the Senate to resolve the issue. OnFriday, May 27, Senator Ferdinand Marcos, Jr., chair of the Senate Committee on Local Government, released astatement saying that his committee willrelease their report the following week forthe senators to vote on. Marcos also saidthat they have scheduled one last hearingfor Tuesday, May 31, on the bills seeking topostpone the ARMM elections. It will be heldin Manila, and high ranking officials from theadministration have been invited, "to (give)the executive branch of government the last

say, so to speak, to explain exactly why theyhad made this proposal to cancel the ARMMelections scheduled for August of this year infavor of Malacañang appointees," accordingto Marcos. Both the Senate and the lowerHouse are scheduled to go on recessstarting on June 10 until July 24.

On Wednesday, May 25, the Comelecclosed the filing of Certifi cates of Candidacy(CoCs) for the ARMM elections, with 14candidates for governor and 16 for vicegovernor, with no official candidates comingfrom President Aquino's Liberal Party.

The 14 candidates seeking to get elected ARMM governor are:

1. Ashmaira Mayasa Abdullah2. Mamintal Alonto Adiong (incumbent Lanao del Sur governor)3. Saad Ibrahim Amate4. Pangalian Macaorao Balindong5. Ephraim Baldomero Defino6. Mujiv Sabbihi Hataman (former Anak Mindanaw party-list representative)7. Alvarez Silal Isnaji (former OIC ARMM governor)8. Ansaroden Magangcong Sani Banuas Luman Moner9. Pax Pakung Sandigan Mangudadatu (former Sultan Kudarat governor and representative)10. Kadra Asani Masihul11. Datu Habib Sarifuddin Samanodi Maulana

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12. Elsie New Orejudos13. Saidamen Balt Pangarungan (former Lanao del Sur OIC governor)14. Sahiron Dulah Salim (former police director)

For Vice Governor, 16 candidates have filed their COCs:

1. Acting ARMM governor Ansaruddin Abdul Malik Alonto Adiong2. Mikunug Pangcatan Ampao3. Arab Dimasimpun Ampasao

4. Shariffa Ziola Anding Bago5. Datu Pelaez Alo Carudin6. Margarita “Tingting" Delos Reyes Cojuangco (former Tarlac governor)7. Bobby Mana-ngaran Datimbang8. Alikhan Awar Dimaro9. Gani Usman Gaddung10. Abdulbasit Ampaso Hadjinor11. Omar Tani Hassiman12. Fatani Sultan Abdul Malik13. Basher Dimalaang Manalao (former Lanao del Sur governor)14. Kano Pasandalan Nor15. Marconi Curso Paiso Al Haj16. Abdusakur II Abubakar Tan

For Assemblymen in Maguindanao (note: we do not have the names yet for the other provinces):

1st District

1. Abdulradzak Tomawis2. Ronnie Sinsuat3. Cahar Ibay4. Abel Mastura

2nd District

1. Midtimbang, Midpantao2. Solaiman Sandigan3. Borgiva Tasmi Datumanong4. Abubacar Paglas5. Guimid Matalam6. Abdulwahal Alan Sabal7. Udtog Kawit8. Mashur Biruar9. Tungal Mangudadatu Piang10. Pike Mentang

(Sources: PDI, Tempo, GMA News, Comelec)

May 2010 automation "made a mockery of our right of suffrage"

Tanggulang Demokrasya (TanDem), a multisectoral coalition of civil society leaders, organizations andinstitutions, was launched on May 26 in a press conference.The group also rejected the further use ofSmartmatic's PCOS machines in future Philippine elections. In a statement, the group said that the May 2010elections ushered in a "mechanism for fraud," which "betrayed the electorate" and "made a mockery of(Filipinos') right of suffrage."

Among the guest speakers during the launch was Atty. Grace Riñoza-Plazo of Ang Kapatiran Party, who lost inthe May 2010 senatorial race. She believes that the PCOS machines were compromised that even in herhometown of Nasugbu, Batangas, she got very little votes. Atty. Plazo also called attention to Comelec's electionresults website, which she claims showed erroneous results, but was then corrected after her party spoke aboutit in the media just after May 10, 2010.

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Mr. Edmundo Casiño of thePhilippine Computer Societymade a presentation on thesecurity features of the PCOSmachines that were disabled inthe run-up to the elections; howprovisions of the automationlaw were violated by theComelec in its implementation

of the automated system; andserious administrative lapsescommitted by the Comelec insaid implementation. Mr.Casiño also expressed hisbelief that the source code ofthe machines used alreadybelongs to the Filipino people(and not to the foreigntechnology provider), since ithas already been made toconform with the requirements of the Philippine electoral system. It should therefore be made available forreview by Filipino organizations.

According to TanDem, their objectives are "to bring to people's attention serious electoral crimes; to demand

accountability; and to seek an immediate rectification of the corrupted Automated Electoral System (AES) beforeany other automated elections are held." The group is calling for the non-use of Smartmatic's PCOS in theARMM election scheduled for August.

Read TanDem's statement here: http://bit.ly/lsOIh4

Watch TanDem's video presentation on Smartmatic's PCOS here: http://bit.ly/jZ0ReF

When positions are won without getting elected

After the Commission on Elections’ (Comelec) decision on the protest regarding the mayoral race in Lucena City – in which the vice mayor is being installed by the Comelec as mayor (a position he did not run for) – it is nowthe turn of the House of Representatives Electoral Tribunal (HRET) to act on a similar protest case filed againstthe representative of the 4th district of Leyte.

It will be recalled that actor Richard Gomez, the husband of TV personality Lucy Torres-Gomez, filed hiscertificate of candidacy as representative in the fourth district of Leyte for the May 2010 elections, but wasdisqualifi ed by Comelec because of residency issues. Lucy Torres-Gomez substituted for him and eventuallywon the race. After the May elections, losing candidate Eufrocino Codilla, Jr. filed a protest against Lucy Torres-Gomez before the HRET on the ground that neither Richard nor Lucy was a legitimate candidate. SinceGomez’s candidacy was never official, therefore, Torres’ candidacy was also unofficial since there was nocandidate to substitute for in the first place. Therefore, the candidacies of the couple should be considered asinvalid. This is the point to which Codilla is giving emphasis and is now awaiting the HRET’s decision.

Torres-Gomez appealed to stop the hearing of the protest but HRET denied it. The incumbent representativealso tried to appeal before the Supreme Court but to no avail. The HRET now seems geared to hearing the caseany time.

Regarding the Lucena City electoral protest (previously covered here: http://bit.ly/lw3B37 ) the Comelecpromulgated a resolution declaring the incumbency of elected mayor Barbara Talaga as void. Five of the sixComelec commissioners concurred to declare winning vice mayor Roderick Alcala as the new mayor of the city.Earlier, it was reported that the losing candidate Philip Castillo and elected vice-mayor Alcala filed protestsassailing Barbara Talaga’s proclamation as mayor, citing many technical issues that allegedly characterized thedecision of Comelec to declare Talaga as an official substitute candidate for her husband, Ramon Talaga, whowas disqualifi ed for having served as mayor for three terms.

The resolution nullifying the proclamation of Ruby Talaga as mayor was signed by commissioners ReneSarmiento, Lucenito Tagle, Armando Velasco, Elias Yusoph and Christian Robert Lim. Commissioner Augusto

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Lagman inhibited, while Chairman Sixto Brillantes filed a dissenting opinion, maintaining that the election andproclamation of Barbara was valid and legal, and took note of the fact that the people of Lucena knew onelection day that her husband had been disqualifi ed from running and that she had substituted for him in themayoral election.

Comelec has already ordered Barbara Talaga to vacate the post and Roderick Alcala is expected to assume theposition of city mayor.

The Lucena City protest case involves an elected official whose legitimacy of candidacy was questioned by a

candidate who did not even run for the position that he is now going to assume, while the case in the 4th districtof Leyte involves a losing candidate questioning the legality of the candidacy of the winning districtrepresentative. The cases are different, but in both cases, the legitimacy of the victory of the winning candidatesare questioned, and the result of the election can be overturned by the respective electoral tribunal, disregardingthe outcome of the voting process. (Sources: PDI, Journal, PhilStar)

National Citizens Movement for Free Elections (NAMFREL)

Unit 601 DMG Center,Domingo M. Guevara St. corner Calbayog Ext.

Mandaluyong City, Philippines 1550Website: www.namfrel.org.ph

Email: secretariat@namfrel.com.phT/F: 63-2-470.4151

DISCLAIMER: Any information, opinion or views of the individual authors or sources referred to in the articles herein do not represent the official position of the NAMFREL organization. While

reasonable care has been taken to verify the information contained herein by the time of publication, NAMFREL, or any of its officers or employees, do not accept

any liability for any and all direct or consequential losses or damages arising from any use of this publication or its contents.